Trusts are back in the ATO spotlight

Oliver Holcombe • August 6, 2025

With more than 947,000 trusts operating across Australia, it’s no surprise the ATO continues to keep a close eye on how these structures are managed. Trusts remain central to many wealth and succession plans, but their complexity means they also attract compliance scrutiny.i

Closer attention to how trust structures are now being used is part of the ATO’s focus on ensuring taxpayers pay the required tax and do not inappropriately use structures to reduce their tax liabilities.


What’s attracting attention


The ATO’s latest data analysis has pinpointed a few emerging behaviours it’s concerned about:


  • Overclaiming tax deductions: Some trusts are reducing their net income by claiming deductions that don’t stack up - often without the documentation to support GST refunds.
  • Loss trafficking: This refers to the creation and use of artificial losses to offset income, giving the appearance of reduced profitability.
  • Misuse of tax-exempt vehicles: Ancillary funds and other exempt structures are sometimes used to access concessions or private benefits where there’s no real entitlement.


If these practices sound familiar, it might be time to get back on track.


Family trust elections missteps


Family trust elections (FTEs) and interposed entity elections (IEEs) are meant to define clear tax relationships. But when recordkeeping falls short or elections aren’t properly understood, issues arise - particularly with Family Trust Distribution Tax (FTDT).ii


Trustees are also being encouraged to check the FTEs and any IEEs the group has in place and to clearly identify members of the family group.


Trustees should ensure they understand the tax implications of making these elections and how they affect distributions and tax responsibilities for both the trust and its beneficiaries. In fact, the ATO is seeing instances where individual beneficiaries are incorrectly returning amounts on which FTDT has been paid.


Trusts in succession planning


Using a trust to transfer wealth is common in succession planning - but it needs to be done correctly.


Trouble often arises when capital gains tax events are overlooked, the tax consequences of transactions are misunderstood and Division 7A issues are ignored when loans, payments or debt forgiveness are involved.iii


These oversights can lead to unexpected tax bills at a time when stability and clarity matter the most.


Amendments to a trust deed (such as changes to the trustee, adding or removing beneficiaries, or amending the vesting date) can also create tax risks for trustees.

The same applies if the trust has a family trust election in place but makes distributions outside the family group.


Trusts with an IEE in place to include the interposed entity in its family group may also find the ATO asking questions.


Don’t forget the franking account


Another area of focus right now is discrepancies in trust franking account balances and situations where a trustee fails to apply the franking credit integrity rules when making or receiving franked distributions.


Trustees need to ensure they are complying with the 45-day holding rule if they wish to avoid scrutiny. This rule requires shares to be held ‘at risk’ for a continuous period of at least 45 days (90 days for preference shares) during the qualification period.


It is also important to check you have family trust elections in place if you wish to access franking credits for the trust’s share holdings.


If your trust touches any of these areas - from family elections to succession plans - now is a good time to review your setup. Good governance and clear records don’t just help you comply with ATO rules; they protect your beneficiaries, your finances, and your legacy.


The ATO has a checklist that is designed to help avoid basic trust errors if you don’t fully understand your obligations or take reasonable care to get things right.


The checklist states you should:


  • Understand how income is defined for the trust estate.
  • Identify the trust’s beneficiaries.
  • Understand resolutions and present entitlement.
  • Identify any family trust elections (FTE) or interposed entity elections (IEE).
  • Maintain clear and accurate records.


Want help reviewing your trust structure or clearing up a few grey areas? Get in touch with our office today.


i Trust statistics | Australian Taxation Office

ii Areas of focus 2024–25 | Australian Taxation Office

iii Areas of focus 2024–25 | Australian Taxation Office

By Nikki Ashurst • November 2, 2026
Many Australians don't know how their super fund has performed or what it invests in. Are you one of them? Here's what to check and why it matters. Do you know how your super fund performed over the last two years? Many Australians don’t and are working towards their financial future without fully understanding one of their most important assets and without a clear plan for how their super may support them in retirement. That's not surprising, as many people view super as something that should run quietly in the background while they're busy with careers, families and everything else that life throws at them. But when you’re not sure what’s happening behind your balance, it’s harder to know whether you’re on track, whether your current approach reflects your goals or what opportunities might be available to help you make the most of what you’ve built so far. Your super isn't sitting in an account, it's invested Super is invested by a fund on your behalf across a mix of assets, with those investments working to grow your balance over time. Those include: Shares Ownership in Australian and international publicly listed companies. Their value can rise and fall, sometimes substantially over short periods but shares can provide capital growth over the long term. Property and infrastructure Real assets like office buildings, shopping centres, airports and energy networks. They can produce income and don't always behave in the same way as share markets, helping diversify investment holdings. Fixed interest and bonds Lending to governments and companies in return for interest. They can provide regular income and be steadier than shares, although returns and risk vary depending on the investment. Cash Generally, the most stable and lowest risk investment type. It can provide stability and faster access to money but typically offers lower longer term return potential. The investment option you choose determines the mix of assets held in your super based on your risk appetite. Most super funds offer options from conservative to high growth. If you’re young, a growth option with a higher exposure to growth assets like shares could offer higher returns over time – but it also comes with higher risk. As retirement nears, you might want to consider a more conservative approach with more defensive assets, like bonds for example to protect your savings. If you've never made a choice, you're probably in your fund's default option, which is designed to suit a broad membership. It’s worth knowing whether the mix you're in matches your circumstances and goals, including how far you are from retirement. Why performance alone is not a true comparison If you're thinking about how your super compares, returns are often where people start. The trouble is that a return figure means nothing without context: What it's being compared to Growth and conservative options invest differently and with different levels of risk. Compare like with like or the comparison may not be genuine. The comparison period A single year can be heavily influenced by short term market conditions. Super is measured in decades, so five, seven and ten year returns tell you far more about whether a fund is consistently doing its job, albeit not a predictor of future performance. Fees and tax Published returns should reflect investment fees, costs and tax but administration fees may be charged separately from your balance. Two funds quoting the same return can leave you in meaningfully different places once all fees are accounted for. Then there are the things that returns can't show you at all. For example, what insurance is attached to your account and what it's costing you, whether the fund offers guidance, tools and advice or simply sends a statement once a year. Another consideration maybe the level of support available when you need it. When comparing funds, it's worth looking at the full picture, including performance, fees, investment options, retirement support and member benefits. What today’s decisions mean tomorrow To understand how your super stacks up, start here: Find your investment option It's on your annual statement and in your online account. Look at what's in it Your fund publishes the asset allocation (shares, cash etc.) for each investment option. Check the long-term return for that option Focus on five and ten year returns, not just last year and compare them with equivalent options. Understand the total cost Add together administration fees, investment fees and insurance premiums as an annual dollar figure. Comparing super is about working out which option will perform best for you. Before you jump in, it’s worth understanding what's behind the numbers so you can make decisions based on more than a headline return. Knowing where you stand is the first step A super balance tells you where you are today. Understanding how your super is invested, how it compares and whether it's aligned with your goals helps show whether you're heading in the right direction. Source: MLC The information in this article does not take into account your objectives, needs and circumstances. We recommend that you obtain investment and taxation advice specific to your investment objectives, financial situation and particular needs before making any investment decision or acting on any of the information contained in this document. Subject to law, Capstone Financial Planning nor their directors, employees or authorised representatives gives any representation or warranty as to the reliability, accuracy or completeness of the information; or accepts any responsibility for any person acting, or refraining from acting, on the basis of the information contained in this document. Principal Wealth Management Pty Ltd trading as BMO Financial Solutions ABN 53 109 336 601 is a Corporate Authorised Representative (CAR 277821) of Capstone Financial Planning Pty Ltd ABN 24 093 733 969 Australian Financial Services Licence (AFSL) No. 223135.
By Jude Schofield • October 7, 2026
More Australians are choosing to take direct control of their retirement savings by establishing a self-managed super fund (SMSF) and according to the SMSF Association, Aussies now see their super as an important part of building and managing their overall wealth.